How to read this document

This document is an adhesion contract: MCS drafts it unilaterally and applies it in a uniform format to all its customers. It must be read in full before contracting and paying.

Clauses whose title carries the mark ◆ contain limitations of liability, charges, retentions, restrictions of rights, authorizations to use image, submission to jurisdiction or cancellation rules. Reading them with special attention is recommended.

The "Summary of essential conditions" is a reading guide and does not replace the text of the clauses. No provision of these Terms limits the rights that the law recognizes as non-waivable for the consumer.

Summary of essential conditions

1. Identification of the Provider and scope of application

1.1 These General Terms and Conditions of Contract (the "Terms") constitute an adhesion contract drafted unilaterally by MCS, which governs the relationship between MCS and every person who registers for, contracts or takes part in the open-water swimming crossings organized under the Mayan Channel Swim brand, as well as the use of the Website.

1.2 The provider's identification details, address and means of contact are those stated in the identification table at the top of this document. MCS is a service provider under the Federal Consumer Protection Law and, where applicable, a tourism service provider under the General Tourism Law.

1.3 The Terms are governed by the Federal Consumer Protection Law ("LFPC"), the Federal Civil Code, the Commercial Code, the General Tourism Law and other applicable provisions. No clause limits, conditions or waives the rights that the law recognizes as non-waivable for the consumer; any stipulation to the contrary shall be deemed not written to the extent it exceeds what the law allows.

2. Definitions

For purposes of these Terms, the following terms have the meaning indicated, in both singular and plural:

"AED": automated external defibrillator.

"Base Time": the Crossing time covered by the price: seven (7) hours for the 27 km Single Crossing and fourteen (14) hours for the 54 km Double Crossing (clause 9.2).

"Briefing": the mandatory safety and logistics information session that MCS holds one day before the date assigned for the Crossing within the Slot.

"Business days": days that are not Saturdays, Sundays or official non-working days in the United Mexican States.

"Companion": a person designated by the Swimmer to travel aboard the Support Boat who meets the Companion Profile on the Boat.

"Contract": the set of documents described in clause 3.3.

"Contracting Party": the person who signs the Single Registration Form or the Quotation and pays the price: the Swimmer; the parent or guardian of a minor Swimmer; or the representative of a team.

"Cookie Policy": the legal document of the same name published on the Website, which governs cookies and tracking technologies.

"Crossing": an open-water swimming crossing organized by MCS in the Cozumel channel, carried out only in the direction Cozumel island – Riviera Maya (mainland), over the nominal distances of 27 km (Single Crossing) or 54 km (Double Crossing, round trip), with a Support Boat exclusive to the Swimmer or the team, in the Solo, Duo, Triple, Multiple (4 swimmers), Individual Relay and Pairs Relay formats.

"Deckhand": the sailor or deck assistant who assists the captain in operating the Support Boat.

"Force Majeure": as defined in clause 14.1.

"Inherent Risks": as defined in clause 23.1.

"Legal Notice": the legal document of the same name published on the Website, which governs access to and use of the Website.

"Liability Waiver": the document called "Liability Waiver" (assumption of risk and limits of liability) that the Swimmer signs at the Briefing.

"MCS": Mayan Channel Swim, that is, the legal entity identified in the identification table of this document, which markets its services under the Mayan Channel Swim brand.

"MCS Material": photographs, videos, audio, recordings, drone images and other audiovisual content that MCS, or those acting on its behalf, capture or produce during the events and activities related to the Crossing (registration, acclimatization, Briefing, Crossing, interviews, photo sessions and ceremonies), even if the Swimmer appears in it.

"MCS Personnel": officers, employees, captains and crew, Deckhands, Paramedics, kayakers, drone operators, photographers, coordinators and other persons who take part in operating the Crossing on behalf of MCS.

"Medical Certificate": the medical history form and medical fitness report for the Crossing, completed by the Swimmer and the Swimmer's physician.

"Official Channels": the MCS means of communication identified in clause 33.1.

"Paramedic": the emergency medical technician or health professional that MCS assigns aboard the Support Boat, with oxygen equipment and an AED (clause 18).

"Photo and Video Service": the drone photography and video service and the photography from the Support Boat included in the price, under clause 27.

"Privacy Notice": the legal document of the same name published on the Website, which governs the processing of personal data.

"Quotation": the document that MCS issues for each engagement, setting out the distance, format, Slot, included services, mandatory and optional costs, total price and payment schedule.

"Registration Documents": the Single Registration Form, the Quotation, the Medical Certificate, the Companion Profile on the Boat, the document on Geolocation, "Official" Distance and Publication of Measurement Data, the Liability Waiver and, where applicable, the Parent or Guardian Authorization and Undertaking.

"Single Registration Form": the Single Registration Form or registration application form.

"Slot": the window of dates assigned to the Swimmer, within which MCS sets the final date of the Crossing.

"Support Boat": the boat assigned by MCS to escort and assist the Swimmer or the team during the Crossing.

"Swimmer": the individual who takes part in the Crossing.

"Swimmer Material": photographs, videos, audio, texts, testimonials, reviews and other content that the Swimmer creates, contributes or publishes on the Swimmer's own account, and may share with MCS (clause 29).

"Voucher": the nominative credit regulated in clause 13.3.

"Website": the website www.mayanchannelswim.com and MCS's official digital channels.

3. Acceptance, formalization and documents of the Contract

3.1 Acceptance. The person who registers expressly consents to these Terms by: (a) ticking the acceptance box in the online registration; (b) signing the Single Registration Form or the Quotation, by handwritten or electronic signature; or (c) making any payment to MCS. Consent given by electronic means has the same effects as consent given in writing, pursuant to article 1803 of the Federal Civil Code and articles 89 et seq. of the Commercial Code.

3.2 Prior reading and copy. The Contracting Party declares that, before contracting and paying, it had access to the full text of these Terms, the Liability Waiver template, the Single Registration Form and the other applicable documents, with the ability to download, print and keep them, and that it had the opportunity to clarify its questions with MCS, including in the video-call interview prior to registration. MCS will send a copy of the accepted version together with the registration confirmation.

3.3 Documents forming the Contract. The following form an integral part of the engagement (the "Contract"): (a) these Terms; (b) the Registration Documents; (c) the Legal Notice; (d) the Privacy Notice; and (e) the Cookie Policy, the last three being published on the Website.

3.4 Order of precedence. Each matter is governed by the document that regulates it. As regards distance, format, Slot, included services, price and payment schedule, what is stated in writing in the Quotation or in MCS's confirmation email prevails. Contracting, payment, cancellation and refunds, risks and liability for the provision of the services, safety rules, multimedia material, third-party services and complaints and claims are governed by these Terms and, in particular, by the Quotation and the other Registration Documents; the processing of personal data, by the Privacy Notice; cookies and tracking, by the Cookie Policy; and use of the Website, the information published on it, intellectual property vis-à-vis third parties, links and opinions on digital channels, by the Legal Notice. The documents are interpreted jointly and harmoniously and, where the law provides a rule more favorable to the consumer, that rule prevails.

3.5 Capacity. Only persons over 18 years of age with legal capacity may contract on their own behalf. Minors take part only in accordance with clause 5.4.

3.6 Team engagements. Where the engagement is made for a team (Duo, Triple, Multiple, Individual Relay or Pairs Relay formats), the person who signs the Quotation is liable to MCS for full payment and for the accuracy of the team's data; each Swimmer is personally responsible for his or her own statements, health, conduct and signature of the Liability Waiver. The withdrawal of one or more members does not reduce the agreed price, unless MCS agrees otherwise in writing, and is governed by clauses 12 and 13.

4. Nature of the service and obligation of means

4.1 Purpose. MCS provides organization, logistics and safety services so that the Swimmer may attempt the Crossing under reasonable safety conditions, including managing permits before the maritime authorities, the Support Boat with its captain and Deckhand, the Paramedic on board, assistance during the Crossing, the Photo and Video Service, time recording and the other services expressly listed in the Quotation.

4.2 Services not included. Only the services listed pursuant to the preceding clause and clause 8.2 are included; any service not mentioned is deemed not included and, if requested, will be quoted separately. MCS will only provide and charge for additional services when the Swimmer has expressly requested or accepted them, in writing or electronically, except for the mandatory costs disclosed in advance in the Quotation under clause 9.

4.3 Obligation of means. MCS undertakes to provide its services with professional diligence and in accordance with its safety protocols, but does not guarantee that the Swimmer will complete the Crossing, nor any time, distance, position or sporting result, nor that sea, weather or authority conditions will allow it to take place on a given date. Completion of the Crossing depends on the Swimmer's own preparation, physical condition, health and decisions, as well as on natural and authority conditions that MCS does not control.

4.4 Not a transportation service. The service does not constitute passenger transportation, a tourist excursion or a substitute medical service. The Support Boat is a boat for escorting and assisting the Swimmer.

4.5 One-way direction of the Crossing. The Crossing is carried out exclusively in the direction Cozumel island – Riviera Maya (mainland); in the Double Crossing, the Swimmer swims back toward Cozumel island. MCS does not offer the Crossing in the reverse direction as a stand-alone service.

5. Participation requirements and eligibility

5.1 General requirements. To take part, the Swimmer must: (a) have legal capacity or have a Contracting Party under clause 5.4; (b) prove his or her identity with a valid passport or other official identification; (c) have swimming experience and a level suited to the chosen distance, which MCS will verify through the video-call interview and, where applicable, the documentation of previous swims it requests; (d) deliver on time the Medical Certificate with a "FIT" opinion (clause 16); (e) sign the documents that apply: Single Registration Form, Quotation, Companion Profile, Geolocation acknowledgment and Liability Waiver; (f) have paid the price under clause 11; and (g) comply with the sportsmanship and anti-doping statements (clause 16.4).

5.2 Statement of experience. The Swimmer declares, under oath, that the experience, previous swims, times and pace reported to MCS are true and verifiable. MCS may request evidence (event records, results, training logs or device records) and, when it deems it necessary for safety, recommend or require a shorter Crossing or a relay format. A false statement is a ground for termination attributable to the Swimmer (clause 13.5).

5.3 Objective criteria and non-discrimination. MCS will not deny or condition its services on grounds of gender, nationality, ethnic origin, sexual preference, religion, disability or any other characteristic, under article 58 of the LFPC and the General Tourism Law. Admission decisions are based exclusively on technical, objective and safety criteria. Accordingly, MCS may deny, condition or suspend participation when: (a) there is a foreseeable and well-founded risk to the life or physical integrity of the Swimmer or third parties, arising from the Swimmer's medical condition, experience or physical condition or from the conditions of the Crossing; (b) the required documentation is missing or untruthful; or (c) there is a breach of these Terms. Applications from persons with disabilities will be assessed individually, seeking the reasonable accommodations that are feasible under safe conditions. The financial consequences are governed by clause 13.5.

5.4 Minors. MCS does not set a minimum age for participation. A minor may take part only if: (a) MCS accepts his or her participation after assessing the specific case —age, experience, maturity, physical condition, medical opinion, distance and format—, a decision MCS makes on technical, objective and safety criteria under clause 5.3; (b) his or her parent or guardian with legal authority signs, as Contracting Party, the Single Registration Form and the Parent or Guardian Authorization and Undertaking; and (c) throughout the Crossing, the minor has a responsible adult aboard the Support Boat, who will be his or her parent or guardian, or the person of legal age that the parent or guardian designates in writing in that Authorization. The responsible adult must meet and sign the Companion Profile on the Boat and holds, as a Companion, the corresponding place in the chain of authority of clause 17.1. If the person who signs the Authorization does not travel on board, he or she must be available as emergency contact throughout the Crossing. The Contracting Party is liable for the minor's acts and, on the minor's behalf, accepts these Terms, the Liability Waiver and the use of image under clauses 28 and 32. MCS may verify parental authority or guardianship and will always act in the best interests of the child.

6. Registration

6.1 Prior interview. Every registration application requires a video-call interview with MCS, in which the registration process, venue logistics, mandatory and optional costs, Slot assignment and payment schedule are explained, and the Swimmer's questions are answered.

6.2 Accuracy. All information provided by the Swimmer, including application and registration forms, the Medical Certificate and other documents, must be truthful, accurate, complete and up to date, and is provided under oath.

6.3 Updates. The Swimmer must notify MCS immediately and in writing of any change in such information, in particular changes in health, injuries, medications, emergency contact and Companions, as well as any relevant event occurring after delivery of the Medical Certificate.

6.4 Inaccurate information. Providing false, incomplete or omitted information —especially medical or experience information— is a breach attributable to the Swimmer. MCS may deny or suspend participation under clause 13.5 and will not be liable for incidents arising from such inaccurate information.

6.5 Emergency contact. The designated emergency contact must be available for the entire duration of the Crossing, and his or her details will be given to the MCS crew.

6.6 Documents per Swimmer. In formats with more than one Swimmer, each Swimmer will individually complete and sign the documents that apply to him or her.

7. Confirmation and verification of registration

7.1 Confirmation. After receiving the documents necessary for registration (Single Registration Form and signed Quotation) and processing the deposit payment to block the requested Slot, MCS will send the confirmation within a maximum of fifteen (15) days. If the Swimmer does not receive it, or finds errors or omissions, the Swimmer must contact MCS at info@mayanchannelswim.com.

7.2 Blocking the Slot. Receipt of the Single Registration Form, together with the ten percent (10%) deposit referred to in clause 11.1, blocks the requested Slot. If the deposit is not received with the Single Registration Form, the Slot will not be blocked and may be assigned to the next Swimmer in line. The Swimmer is deemed formally registered when the deposit has been paid in due time and form.

7.3 Verification. The Swimmer will check that his or her name (as it appears on the passport), the Slot, the format, the Companions and other confirmation details are correct, and will report any error within five (5) business days after receipt. After that period, and save for manifest error, the details will be deemed correct for purposes of permits, insurance and records.

8. Price and included services

8.1 Reference prices. For the current season, the reference prices per Swimmer in the Solo format are: (a) 27 km Single Crossing: USD 2,985 (two thousand nine hundred eighty-five United States dollars); and (b) 54 km Double Crossing (round trip): USD 5,585 (five thousand five hundred eighty-five United States dollars). These prices include Mexican Value Added Tax (IVA). Prices for the other formats are stated in the Quotation, also with IVA included. Reference prices published for one season may be updated for later seasons without affecting engagements already confirmed.

Reference nature and applicable price. The prices and amounts stated in these Terms are for reference. They may change due to economic variations at the venue and with suppliers, so they are not final. The applicable price is the one MCS announces in the online interview, and it prevails over the reference price in these Terms. The price announced in the interview and agreed by the Swimmer is recorded in the Quotation, signed by both parties.

8.2 Total price and included services. The total price of the Crossing, including IVA and any other legally applicable taxes, is the one stated in the Quotation. Before any payment, MCS will state in writing the total amount payable, including the mandatory costs of clause 9. The included services are exclusively those listed in the Quotation, such as: harbor master and Mexican Navy permits; event medical insurance; rental of the exclusive Support Boat with captain and Deckhand; Paramedic on board with oxygen equipment and AED; nautical chart and GPS for recording the Crossing; assistance and logistics; ground transfer of the Swimmer, on the day of the Crossing, from his or her hotel on Cozumel island to the start point, when the Swimmer stays at a hotel other than the host hotel proposed by MCS (clause 31.3); Photo and Video Service (drone photography and video and photography from the Support Boat, clause 27); crossing certificate; registration of the time in the official ranking; Briefing; and technical advice prior to the Crossing.

8.3 Base Time. The price covers the operation of the Crossing during the Base Time set out in clause 9.2. Time exceeding the Base Time gives rise to the charge in clause 9.

8.4 Additional Companions. If the Swimmer requests more Companions on the Support Boat than those included, the cost may vary due to the need for a larger boat; the adjustment will be disclosed and accepted in writing before it applies.

8.5 Currency and exchange rate. Prices are expressed in the currency indicated in the Quotation and, unless it states otherwise, are agreed and paid in United States dollars for the amount stated therein. When payment is made in a different currency, the obligation will be discharged at the exchange rate for settling obligations denominated in foreign currency payable in Mexico, published by Banco de México in the Official Gazette of the Federation (DOF) on the banking business day preceding the payment date, pursuant to the Monetary Law of the United Mexican States. Bank fees, intermediary charges, exchange differences and taxes withheld on the transfer are borne by the payer, so that MCS receives the full amount.

8.6 Invoicing. The Contracting Party may request an invoice (CFDI) by providing its tax details within the periods set by the tax legislation in force; after those periods, issuance of the invoice will be subject to what that legislation allows. MCS will issue a receipt for every payment received.

8.7 Price stability. The price and costs stated in the confirmed Quotation will not increase, except for additional services or changes of format, Companions or Slot requested by the Swimmer, for the mandatory costs of clause 9, or as provided in clauses 12 and 14.

9. Mandatory costs: kayak and additional time ◆

9.1 Kayak service. Accompaniment by a kayaker during the Crossing is mandatory for safety reasons and by provision of the maritime authority, and is not included in the price. Its amount is stated in the Quotation and is paid directly to the service provider (kayaker), one (1) day before the Crossing date, normally at the Briefing. That payment does not become part of MCS's assets; MCS only coordinates the provider. Failure to pay for the kayak service within that period prevents its provision and, therefore, the start of the Crossing, and will be treated under clause 13.5.

9.2 Base Time and additional time. The price covers up to seven (7) hours of Crossing for the 27 km Single Crossing and up to fourteen (14) hours for the 54 km Double Crossing (the "Base Time"). Once the Base Time has elapsed, a charge of USD 175 (one hundred seventy-five United States dollars) for each additional hour or fraction thereof will apply, so that any fraction of an hour started is charged as a full hour. For example, in a Single Crossing lasting 8 hours and 20 minutes, two (2) additional hours are charged (USD 350).

Reference nature. The additional-time charge is a reference amount. It may change due to economic variations at the venue and with suppliers, so it is not final. The applicable amount is the one MCS announces in the online interview and it prevails over the amount in these Terms. It is recorded in the Quotation, signed by both parties.

9.3 Calculation. Time is counted from the start signal or the Swimmer's entry into the water until arrival, abandonment or termination of the Crossing for any reason, according to MCS's official record (GPS, stopwatch and Support Boat log). The charge applies regardless of the reason why the Crossing exceeds the Base Time —the Swimmer's pace, currents, wind, waves, drift or any other— because it corresponds to the additional use of the boat, the crew, the Paramedic and the other providers.

9.4 Exception. Additional time attributable to causes imputable to MCS, such as a breakdown of the Support Boat or a delay in departure caused by MCS, is not charged, nor is waiting time ordered by the maritime authority before departure.

9.5 Notice and Swimmer's decision. MCS will endeavor to inform the Swimmer or the Swimmer's designated Companion when approximately one hour remains before the Base Time is reached. The Swimmer may decide at any time to end the Crossing so as not to incur additional time. Continuation of the Crossing beyond the Base Time is always subject to the safety decisions of clause 17, including those relating to daylight and sea conditions.

9.6 Payment of additional time. Additional time is paid to MCS, or to whomever MCS indicates in writing in the Quotation or at the Briefing, no later than twenty-four (24) hours after the conclusion of the Crossing, by the means indicated in the Quotation. Until it is paid, MCS may withhold delivery of the certificate, the nautical chart and the Photo and Video Service material, and the outstanding amount will be deemed a breach by the Contracting Party for purposes of clauses 22.4 and 38.

10. Optional services and tip

10.1 Optional services. Any optional services that MCS may offer must be requested in writing at the time of registration, are paid in the manner and on the date indicated in the Quotation, and are voluntary. Personalized training is not an MCS service (clause 20.4). Free advice (training, nutrition and supplementation, hydration and trial tests) is for guidance only and is governed by clause 20.

10.2 Third-party services. Accommodation, transportation and other services that the Swimmer contracts with third parties, including preferential rates that the host hotel offers to MCS Swimmers, are governed by clause 31.

10.3 Tip. Tipping the captain and the Deckhand is a practice or custom of the local nautical trade, unrelated to MCS, over which MCS has no control. MCS does not promote, demand, collect or manage it. It is strictly voluntary, is not part of the price or of the mandatory costs, does not condition the provision of any service, and its amount is at the Swimmer's discretion. If the Swimmer decides to give a tip, a total amount of USD 120 to 300 for the captain and the Deckhand together (not per person) is suggested as a reference. Any demand for or conditioning on a tip by the crew must be reported to MCS through its Official Channels.

Indicative nature. The suggested range is for reference only and may vary for the same reasons. MCS will communicate the current range in the online interview; the tip remains voluntary and unrelated to MCS.

11. Payment ◆

11.1 Deposit. The payment process begins with a non-refundable deposit of ten percent (10%) of the total value of the Crossing, which must be made together with submission of the Single Registration Form. This deposit blocks the requested Slot and constitutes an act that binds both MCS and the Swimmer, since MCS reserves operating capacity, boat and personnel for that window. The deposit is non-refundable, except as provided in clauses 13.1 and 14 and by law.

11.2 Balance. The remaining ninety percent (90%) may be paid: (a) in a single payment; (b) in three (3) installments, the first for fifty percent (50%), the second for thirty percent (30%) and the third for twenty percent (20%) of the balance; or (c) in up to twelve (12) interest-free monthly installments, according to the payment schedule stated in the Quotation, with number, dates and amounts.

11.3 Full payment. Under MCS policy, the Crossing must be paid in full at least fifteen (15) days before the Crossing date (or, if the final date has not yet been set, before the first day of the Slot). Accordingly, the number of monthly installments available will depend on the date on which the services are contracted.

11.4 Means of payment and charges. Payments are made by the means indicated in the Quotation (transfer, debit or credit card payment link, or others enabled by MCS). By choosing a payment schedule charged to a card or account, the Contracting Party gives its express and informed consent for the charges to be made on the agreed dates and amounts, even before the service is provided. A withdrawal request under clause 13 suspends pending charges from its receipt.

11.5 Official channels and fraud prevention. MCS only receives payments into the accounts, payment links and platforms it indicates in writing in the Quotation or in communications sent from its Official Channels (clause 33.1). Before paying into a different account or link, or upon any change in bank details communicated through unusual means, the Contracting Party must confirm it with MCS through a second channel. MCS is not liable for payments made to accounts or links it has not indicated. When paying, the Contracting Party must state the alphanumeric reference code identifying its Crossing. Payment for the kayak (clause 9.1) and, where applicable, the voluntary tip (clause 10.3) are handed directly to their recipients and not to MCS.

11.6 Non-payment. If any payment is not received on the agreed date, MCS will give notice and grant a five (5) day grace period. If the period expires without payment, MCS may suspend the services, release the Slot and terminate the Contract for cause attributable to the Swimmer, under clause 13.5. Payments made late and accepted by MCS release the Contracting Party from the obligations inherent in those payments.

11.7 Chargebacks. Governed by clause 38.

12. Transfer of registration and participation to a third party; voluntary rescheduling

12.1 Transfer. A transfer is only admissible if the substitute Swimmer meets the same profile as the Swimmer giving up his or her place and has MCS's prior authorization, granted through an interview to assess his or her experience, level and ability to complete the Crossing. MCS may refuse authorization only for technical and safety reasons.

12.2 Transfer rules. In every transfer: (a) the request must be submitted at least thirty (30) days before the start of the Slot; (b) the substitute must meet the requirements of clause 5, deliver his or her Single Registration Form and Medical Certificate —within the period of clause 16 or, if it has already expired, within the period MCS sets for safety and logistics reasons— and sign the Liability Waiver and other applicable documents; (c) the transfer takes effect only when MCS confirms it in writing, and from then on the substitute assumes the rights and obligations of the Contract, including the outstanding balance; (d) any financial compensation between the transferor and the substitute is unrelated to MCS; (e) MCS may pass on the verifiable third-party costs generated by the change (for example, adjustments to permits or insurance), disclosing them in advance; and (f) resale for profit, auctioning and trading of places are prohibited.

12.3 Voluntary rescheduling. MCS is not obliged to accept the Swimmer's requests to change the Slot. If it accepts them, it will do so in writing, subject to availability, to the rates and conditions in force on the rescheduling date and to the verifiable third-party costs generated, and will grant only one voluntary rescheduling per engagement, unless otherwise agreed. Failing agreement, the Swimmer may keep the Slot or withdraw under clause 13.

13. Right of Withdrawal and Refund ◆

13.1 Right of revocation. Since the engagement is entered into at a distance, outside a commercial establishment, the Contracting Party may revoke its consent, without any liability, within five (5) business days after signing or electronically accepting the Contract, pursuant to article 56 of the LFPC; the Contract is perfected once that period has elapsed. Revocation shall be made by written notice to info@mayanchannelswim.com or by any other reliable means, and MCS will refund the price paid by the same means of payment. This right does not apply when the service date (first day of the Slot) is ten (10) business days or less from the date of contracting. During the revocation period, the retentions and non-refundability provided in clauses 11 and 13 do not apply.

13.2 Withdrawal. After the period of clause 13.1 has elapsed and up to the thirty-first (31st) day before the first day of the Slot, if the Swimmer withdraws, MCS will retain fifty percent (50%) of the total value of the Crossing or, if lower, the amount actually paid up to the date of withdrawal. The Swimmer will only be entitled to a refund of payments made in excess of that fifty percent (50%), if any. The ten percent (10%) deposit is included within the amount retained. By way of example, with a total Crossing value of 100 units:

13.3 Withdrawal within the last 30 days. If the withdrawal is notified within the thirty (30) days before the first day of the assigned Slot, the Swimmer will not be entitled to any cash refund and will only receive a Voucher for forty percent (40%) of the total value of the Crossing, not exceeding the amount actually paid, valid for eighteen (18) months from its issuance, applicable to a rescheduled Crossing with the same specifications and services, calculated on the updated rates of the year in which it is rescheduled (and not on the rate originally contracted), with the Swimmer paying the difference. By way of example, for a USD 2,985 Single Crossing paid in full, the Voucher would be USD 1,194.

13.4 General rules. (a) The withdrawal request shall be submitted in writing to info@mayanchannelswim.com and takes effect from the date of its receipt. (b) Refunds will be paid to the Contracting Party, by the same means and in the same currency as the payment, within thirty (30) days after the request; bank fees and exchange differences not attributable to MCS are borne by the recipient. (c) The Voucher is nominative, non-transferable except with MCS's express written authorization, not exchangeable for cash, single-use, non-cumulative and non-renewable; its use is subject to Slot availability, and the rescheduled Crossing is governed by the Terms in force on that date. (d) The amounts retained are agreed as reasonable compensation for the operating capacity reserved and the costs already committed or incurred (permits, insurance, boats, captains, Paramedic, drone operators and personnel), and not as a penalty. (e) Where the Contracting Party is not the Swimmer, refunds and Vouchers will be issued to the Contracting Party.

13.5 Termination for cause attributable to the Swimmer. (a) The following will be treated as a withdrawal by the Swimmer, and clause 13.2 (or 13.3 if it occurs within the last 30 days) will apply: non-payment after the grace period; failure to deliver the Medical Certificate within the set period, after a written request granting an additional ten (10) days; an "UNFIT" opinion or refusal of participation on technical safety criteria under clause 5.3; a false statement of experience (clause 5.2); failure to pay for the kayak (clause 9.1); and refusal to sign the Liability Waiver (clause 25). (b) Failure to attend the Briefing or the departure without prior notice will be deemed abandonment, with no right to a refund or Voucher. (c) In the event of willfully false information, conduct that endangers the life or physical integrity of persons, fraud, deliberate refusal to follow safety instructions or aggression against MCS Personnel, MCS may terminate the Contract without refunding the amounts paid, without prejudice to any other legal actions; the classification of the breach as serious will be recorded in writing and based on specific facts.

14. Cancellation and Force Majeure ◆

14.1 Concept. MCS may need to cancel, suspend or modify the Crossing due to an act of God or force majeure ("Force Majeure"), that is, any event or circumstance that is unforeseeable or, even if foreseeable, unavoidable and beyond MCS's reasonable control, that prevents the Crossing or makes it unsafe. By way of example and without limitation: (a) orders, restrictions, alerts or prohibitions from the maritime, port, environmental, civil protection or health authorities, including port closure or suspension of navigation; (b) storms, cyclones, hurricanes, cold fronts ("nortes"), winds, waves, ground swell, currents or adverse or unstable weather or oceanographic conditions; (c) the presence of dangerous marine wildlife, algal blooms or sargassum at levels that compromise safety; (d) health emergencies; (e) major accidents or breakdowns not attributable to MCS; and (f) acts of authority, conflicts, riots, acts of third parties and other circumstances beyond MCS's control.

14.2 Determination and Slot. Whether safe conditions exist is determined by the captain of the Support Boat and the safety officer designated by MCS, based on forecasts and the provisions of the maritime authority; it is a technical and safety decision. MCS will endeavor to carry out the Crossing on any day of the Slot on which suitable conditions exist: the impossibility of carrying it out on a given day is not a cancellation of the Contract while other days remain available within the Slot. Clause 14.3 applies only when it is not possible to carry it out within the Slot due to Force Majeure.

14.3 Cancellation due to Force Majeure. When the Crossing is cancelled due to Force Majeure, the Swimmer may choose one of the following options: (a) a refund of seventy-five percent (75%) of the amount actually paid, the remaining twenty-five percent (25%) being applied to cover expenses and costs already incurred, such as permits and insurance; (b) request a new Slot for the following season, which will be covered by seventy-five percent (75%) of the amount paid, the Swimmer paying only twenty-five percent (25%) of the value of the contracted Crossing to cover the new permits and insurance; or (c) if the Swimmer has more days of stay at the venue, reschedule the Crossing for another day within the period of stay, provided there is availability and conditions are suitable. The Swimmer may choose only one option. If, having chosen option (c), the Crossing cannot take place within the stay due to Force Majeure, the Swimmer may choose between options (a) and (b). If the Swimmer reschedules under option (b) and later decides to cancel, clause 13.2 will apply if the cancellation is notified more than thirty (30) days before the rescheduled Crossing, and clause 13.3 if it is notified within that period.

14.4 Crossing started. Once the Swimmer starts the Crossing (start signal or entry into the water), the service is deemed provided. Suspension or non-completion of the Crossing due to Force Majeure, safety decisions under clause 17, voluntary abandonment or the Swimmer's condition does not give rise to any refund, price reduction or compensation. MCS may, at its discretion and without acknowledging any obligation or setting a precedent, offer a commercial solution. The foregoing is without prejudice to clause 24.3.

14.5 Cancellation attributable to MCS. If MCS cancels or is unable to provide the service for reasons that are neither Force Majeure nor attributable to the Swimmer (for example, unavailability of a boat or personnel), the Swimmer may choose between a full refund of the amount paid or rescheduling to another Slot at no additional cost, without prejudice to the General Tourism Law and other applicable provisions.

14.6 Third-party expenses. Cancellation, suspension or rescheduling for any reason does not oblige MCS to reimburse travel, accommodation, transportation, meal, immigration or other expenses incurred by the Swimmer or the Companions (see clause 26).

15. Slot, final date, Briefing and schedule of the day

15.1 Slot and final date. The final day of the Crossing is decided on the basis of weather and sea forecasts and conditions, the provisions of the maritime authority and operational availability. The Swimmer must remain available and at the venue throughout the Slot, and MCS will communicate the final date as far in advance as reasonably possible.

15.2 Briefing. The Briefing is mandatory and takes place one day before the date assigned for the Crossing within the Slot; its time is set during that day, subject to the parties' availability. At the Briefing, identities and documents are verified, protocols, signals and roles are communicated, payment of the kayak is confirmed and the Liability Waiver is signed. Without attending the Briefing, the Swimmer may not start the Crossing (clause 13.5).

15.3 Indicative schedule. The schedule for the day of the Crossing is indicative and is stated in the Quotation or confirmed at the Briefing (meeting time, departure time and estimated finish according to the distance). Times may vary due to organizational needs and weather conditions. The start will not be delayed for late arrivals; a Swimmer who does not show up on time may lose his or her start without a refund.

15.4 Route and start and finish points. The references for the start (currently, the pier of the host hotel on Cozumel island or another point indicated by MCS) and the finish (the point on the Riviera Maya indicated by MCS at the Briefing), as well as the nominal distances of 27 and 54 km, are indicative. For safety, sea conditions or instructions from the authority, MCS may change the route, the start or finish points and the schedule, without this constituting a breach.

16. Health, Medical Certificate and anti-doping

16.1 Medical Certificate. The Swimmer must deliver the Medical Certificate —printed, completed by the Swimmer and the Swimmer's physician, with the tests indicated therein— no later than two (2) months before the Crossing date for the 27 km Single Crossing, and three (3) months before for the 54 km Double Crossing, by sending it to info@mayanchannelswim.com. If the final date has not yet been set, the period is counted from the first day of the Slot. In formats with more than one Swimmer, each delivers it with his or her own physician.

16.2 Scope. The "FIT" opinion is a requirement for participation, but does not relieve the Swimmer of monitoring his or her health, immediately informing MCS of any supervening injury, illness, medication or circumstance, or resending an updated certificate if MCS so requests.

16.3 Powers of MCS. MCS may request additional information or tests when there is a well-founded doubt about the Swimmer's fitness, have its Paramedic carry out an assessment before departure, and refuse to start the Crossing for anyone showing signs of illness, injury, intoxication, exhaustion or any other condition posing a risk, under clause 17.

16.4 Sportsmanship and anti-doping. The Swimmer declares that he or she observes the principles of fairness, integrity and sportsmanship, and does not use substances or methods prohibited by the World Anti-Doping Agency (WADA). If the Swimmer uses medications or therapeutic products not permitted by WADA, it is his or her responsibility to obtain a Therapeutic Use Exemption from the competent sports authority and send a copy to MCS. A false statement or the use of prohibited substances or methods, when MCS has well-founded knowledge of it, entitles MCS to exclude the result from the ranking and certificates, without prejudice to clause 13.5.

17. Safety rules, chain of authority and powers of the Organization ◆

17.1 Chain of authority at sea. At sea, the chain of authority is as follows, in descending order: (a) the Mexican Navy (SEMAR), as maritime authority; (b) the captain of the Support Boat; (c) the Paramedic, together with MCS staff; (d) the Companion; and (e) the Swimmer. Every order or instruction issued by a person higher in this chain must be obeyed immediately by those lower in it and, in particular, by the Swimmer, without question or objection. In the event of conflicting instructions, the one issued by the higher authority prevails, in the order indicated. On matters of the Swimmer's health, the Paramedic's assessment prevails over the opinion of the Companion and of the Swimmer.

17.2 Scope of compliance. The duty of compliance covers the instructions given during the Crossing, those communicated at the Briefing and the safety protocols published on the Website. It is not a question or objection for the Swimmer to report an emergency, injury, discomfort or risk, to request assistance or to decide to voluntarily abandon the Crossing.

17.3 Powers. Without prior notice, SEMAR, the captain and MCS Personnel, according to their rank, may: (a) prevent the start of or suspend the Crossing; (b) require the Swimmer to leave the water and board the Support Boat, or remove the Swimmer from the water; (c) change the route, pace or schedule; (d) refuse or withdraw a Companion's access on board; and (e) take any similar measure, when they reasonably consider that there is a risk to the life, health or physical integrity of the Swimmer or third parties, due to fatigue, hypothermia or hyperthermia, disorientation, injury, illness, wildlife, marine traffic, sea or communication conditions, loss of daylight, time limits or any other similar cause.

17.4 Nature of the decision. These decisions are technical and safety decisions and, while being carried out, are not open to debate in the water. They do not give rise to any refund, price reduction or compensation, without prejudice to the Swimmer's right to file a complaint under clause 35 once the Crossing has ended. Voluntary abandonment of the Crossing does not give rise to a refund either.

17.5 Technical rules. The technical rules of the Crossing (feeding, assistance, contact, permitted equipment and signals) will be communicated at the Briefing. Breach of them may result in disqualification from the ranking and the certificate, but will never condition the safety and emergency assistance, which MCS will provide at all times.

17.6 Third-party equipment. Operating drones, radios, flares, lights, lasers or other equipment that may interfere with navigation, communications, the operation of MCS's drone or safety is prohibited without MCS's prior written authorization and in accordance with the applicable civil aviation and maritime regulations.

17.7 Environment, wildlife and protected natural areas. The Crossing may pass through areas of the Cozumel Reefs National Park or other protected natural areas. The Swimmer and the Companions will respect marine wildlife and ecosystems, will not touch or feed animals, will not stand on or touch the reefs, will not throw waste, will use only sunscreens and products permitted in those areas, and will comply with the rules of the National Commission of Protected Natural Areas (CONANP) and other environmental authorities. Any access fees for protected natural areas that may apply will be indicated in the Quotation.

18. Paramedic on board and emergency care ◆

18.1 Paramedic on board. MCS assigns a Paramedic aboard the Support Boat, with oxygen equipment and an AED, whose role is to monitor the Swimmer's condition, assess the Swimmer's fitness to continue, and provide pre-hospital care and first aid. MCS does not use in-water lifeguards as part of its safety model; monitoring is carried out from the Support Boat and, where applicable, from the kayak.

18.2 Scope of care. The Paramedic's care is first-contact care and stabilization, under open-sea conditions, and does not replace hospital care or care by a specialist physician. The availability of oxygen and an AED does not guarantee any particular outcome in the event of a cardiac, respiratory, neurological or drowning event. The Swimmer acknowledges that, being on the open sea, transfer to land and to a hospital may require time that does not depend on MCS.

18.3 Assessments and removal from the water. The Paramedic may assess the Swimmer before departure and during the Crossing, and recommend or determine the Swimmer's removal from the water upon observing signs of risk. The Swimmer undertakes to answer the Paramedic's questions truthfully, to allow observation and to follow the Paramedic's instructions under clause 17.

18.4 Emergencies. MCS will provide first aid and coordinate the appropriate medical transfer. The destination and means of transfer are determined by the medical or rescue personnel or the authority; the expenses are governed by clause 26.

18.5 Consent to care. By accepting these Terms, the Swimmer consents to receive the pre-hospital care and first aid that the Paramedic considers necessary in an emergency, including the administration of oxygen and the use of the AED, and transfer to a medical facility.

19. Support Boat, Companions and service providers

19.1 Capacity. The number of Companions aboard the Support Boat will be the one indicated in the Quotation. Any additional person requires MCS's prior written authorization and may change the cost (clause 8.4).

19.2 Companion Profile. Each Companion must meet, read and sign the Companion Profile on the Boat, whose requirements are necessary for safety and operational reasons on board. MCS may refuse or withdraw access on board to anyone who does not meet them or who poses a risk to the operation, without this giving rise to a refund or affecting the Swimmer's Crossing. Companions occupy the second-to-last place in the chain of authority in clause 17.1 and will follow the instructions of higher authorities.

19.3 Liability for Companions. Companions assume on their own account the risks of navigation and of staying at sea (seasickness, sun exposure, waves, falls and the like). The Swimmer is liable to MCS for damage caused by the Swimmer's Companions through their conduct or by failing to follow the instructions of the captain and MCS Personnel. The coverage of the included insurance with respect to Companions will be as set out in the policy; it is recommended that they have their own insurance.

19.4 Personnel and providers. Captains, Deckhands, Paramedics, kayakers, drone operators and other providers are designated or coordinated by MCS. The Swimmer will not directly hire or instruct such personnel, nor agree with them on payments other than those indicated in the Quotation, without prejudice to the direct payment for the kayak (clause 9.1) and the voluntary tip (clause 10.3). MCS is liable to the Swimmer for the included services it contracts and coordinates, under clause 24.

20. Food, hydration, training and advice

20.1 Own preparation. The Swimmer is responsible for his or her own training and athletic preparation, and for preparing and bringing the hydration and food products to be used during the Crossing, in sufficient quantity for the estimated duration plus a safety margin, having tested them beforehand. If the Swimmer does not know how to do so, he or she may request advice from MCS.

20.2 Guidance only. Advice on training, nutrition, supplementation, hydration and trial tests is for guidance only, does not constitute a medical consultation or prescription, does not guarantee any result and does not replace the opinion of the Swimmer's physician.

20.3 Products and reactions. MCS is not responsible for intolerances, allergies or reactions to the products the Swimmer uses.

20.4 Personalized training. MCS does not provide personalized training services. They are offered independently by a coach linked to the brand, under his or her own responsibility and conditions; MCS only reports, for reference, the fee the coach charges. The contracting, payment, performance and results of the training are unrelated to MCS, and that service is optional and does not affect registration. So that the coach may contact the Swimmer, MCS shares the Swimmer's contact details only with the Swimmer's express authorization and under the Privacy Notice; the coach processes them as an independent controller.

21. Measurement, distance, records and certificates

21.1 Methodology. MCS applies a continuous geolocation methodology during each Crossing, based on geodetic data (UTM, WGS84 Datum) obtained by GPS and on georeferenced charts of the area, processed with specialized software, as described in the document on Geolocation, "Official" Distance and Publication of Measurement Data, whose acknowledgment the Swimmer signs.

21.2 Distance. There are no predetermined official distances: because of the constant south-to-north current in the Cozumel channel, a straight-line crossing is technically unfeasible, and the only official distance is the one the Swimmer covers in his or her own Crossing. The 27 km distance is the reference average for a high-performance Swimmer; depending on sea conditions, pace and drift, the actual distance may be shorter or significantly longer (routes of up to 38 to 42 km have been recorded on the Single Crossing). The distances of 27 and 54 km are nominal and do not give rise to claims for differences in trajectory or to price adjustments.

21.3 Publication of data. MCS reserves the right to publish, endorse and disseminate only the data and metrics obtained with its own systems. This does not limit the Swimmer's ability to share the records of his or her personal devices; however, the Swimmer may not require or condition MCS to issue records, nautical charts or certificates based on data generated exclusively by personal devices.

21.4 Ranking and certificate. MCS records in its official ranking, published on the Website, the time of each Swimmer who completes the Crossing in accordance with the rules, and issues the corresponding crossing certificate. The Swimmer consents to the publication of his or her name, country, category and time. MCS may refrain from recording, or may correct or withdraw, a result when the technical rules have been breached, there is a disqualification or the data are not reliable.

21.5 External bodies. Subject to the Swimmer's acceptance of the transfer of his or her data under the Privacy Notice, MCS provides the information necessary to register the Crossing with bodies such as the World Open Water Swimming Association (WOWSA) and the Marathon Swimmers Federation (MSF); if the Swimmer does not accept, MCS will not make that registration and this will not constitute a breach. Recognition depends exclusively on the criteria of those bodies and MCS does not guarantee it.

22. Conduct and grounds for disqualification

22.1 Expected conduct. The Swimmer and the Companions will behave with respect, honesty and sportsmanship toward MCS Personnel, other Swimmers, authorities, providers and the local community. Violence, threats, harassment of any kind, discrimination, insults, extortion, deliberate interference with the operation or with other Swimmers, submission of false information, and boarding or taking part under the influence of alcohol, narcotics or other substances that impair judgment or performance are prohibited.

22.2 Consequences. Depending on the seriousness, MCS may warn, suspend participation, remove the person from the Support Boat or the event, disqualify from the ranking and certificates, terminate the Contract under clause 13.5, refuse future registrations and, where appropriate, notify the authorities.

22.3 Complaints in the water. During the Crossing, safety is the priority; any disagreement will be addressed once it has ended, through the procedure in clause 35.

22.4 Record of serious breaches. MCS may keep an internal record of persons who have committed serious breaches, left amounts unpaid or made improper chargebacks, for the sole purpose of deciding on future registrations, under the Privacy Notice.

23. Assumption of inherent risks ◆

23.1 Inherent Risks. The Swimmer acknowledges that open-water swimming in the Caribbean Sea and the Cozumel channel, together with support navigation, is a high-performance sporting activity that entails inherent risks that cannot be completely eliminated (the "Inherent Risks"), including, by way of example and without limitation: strong sea currents, waves, wind and sudden weather changes; electrical storms; water temperature and sun exposure (hypothermia, hyperthermia, sunstroke, burns); extreme fatigue, cramps, muscle or joint injuries, seasickness and disorientation; dehydration, hyponatremia and ingestion of salt water; cardiac, respiratory or neurological events, loss of consciousness, swimming-induced pulmonary edema, drowning and cardiorespiratory arrest; contact with marine wildlife (jellyfish, corals, rays, barracudas, sharks and other species) and with sargassum; marine traffic, including ferries and third-party vessels; falls and blows on board; unavoidable delays in medical care due to being on the open sea; and the possibility of serious injury, permanent after-effects or death.

23.2 Voluntary assumption. The Swimmer declares that he or she knows and voluntarily accepts these risks, as to their nature and seriousness, as a condition for taking part in the Crossing; that participation is at his or her own risk and responsibility as regards the Inherent Risks; that he or she is in adequate physical condition, as evidenced by the Medical Certificate; and that he or she has informed MCS of any relevant health condition.

23.3 Scope. Assumption of these risks does not release MCS from its duty to act diligently and in accordance with its protocols, nor from the liability that the law does not allow to be excluded (clause 24.3).

24. Liability of Mayan Channel Swim ◆

24.1 Exclusion of liability. By registering, the Swimmer accepts that participation in the open-water activity with MCS is at his or her own risk and responsibility, and acknowledges that neither MCS nor its partners, officers, employees, service providers or sponsors will be legally or financially liable for accidents, injuries, illnesses, losses or death occurring before, during or after the Crossing, when they arise from: (a) the Inherent Risks; (b) Force Majeure; (c) acts or omissions of the Swimmer or the Companions, including failure to follow instructions, untruthfulness or omission of medical or experience information, undisclosed pre-existing conditions, the use of substances and decisions about the Swimmer's food, hydration and training; or (d) acts of third parties unrelated to MCS that it could not reasonably prevent; provided that MCS has acted in accordance with its own safety protocols and standards.

24.2 Extension. The foregoing exclusion extends, on the same terms and with the same exceptions, to the officers, employees, representatives, contractors and service providers of MCS who take part in organizing or operating the Crossing —including the captain, the Deckhand and the crew, the Paramedic, the kayakers and the drone operators— as well as to the public authorities and institutions that collaborate in its organization or supervision (including, where applicable, the Mexican Navy), to the extent permitted by applicable law.

24.3 Exceptions. Nothing in this clause excludes or limits MCS's liability: (a) when the damage results from willful misconduct or gross negligence directly attributable to MCS, its officers, employees, representatives, contractors or service providers, under article 2106 of the Federal Civil Code, pursuant to which any waiver of liability for willful misconduct is null and void, without prejudice to the jurisdiction of the courts of Mexico City provided in clause 39.3; (b) for breach of the obligations that the law imposes on MCS as a provider and tourism service provider; or (c) in any other cases in which the law does not permit it to be excluded or limited, including the consumer's non-waivable rights.

24.4 Financial cap. Except in the cases of clause 24.3, and to the extent permitted by law, MCS's total liability for economic or financial claims arising from breach of the Contract will not exceed the amount actually paid by the Swimmer for the Crossing, and MCS will not be liable for indirect damages, loss of profits or of sporting, commercial or sponsorship opportunities, or for travel and accommodation expenses. This clause does not limit liability for damage to life or physical integrity in the cases of clause 24.3.

24.5 Personal belongings. MCS is not liable for the loss, theft or damage of devices, watches, cameras, documents, money or other personal belongings of the Swimmer or the Companions at the venue, the pier, the beach or the Support Boat, which remain in their care, except in cases of willful misconduct or gross negligence.

25. Liability Waiver ◆

25.1 Signature. The Swimmer must sign the Liability Waiver provided by MCS at the Briefing and, in any event, before the Crossing. MCS will make the current Liability Waiver template available together with the Quotation, before any payment.

25.2 Relationship with these Terms. The Liability Waiver forms an integral part of the Contract, details the assumption of risks and the limits of liability provided herein with the same exceptions (willful misconduct and gross negligence), and will be interpreted harmoniously with this clause and with clauses 23 and 24.

25.3 Refusal to sign. Without signing the Liability Waiver, the Swimmer may not start the Crossing, and refusal will be treated as a withdrawal under clause 13.5.

25.4 Minors. When the Swimmer is a minor, the Liability Waiver is signed together with the Parent or Guardian Authorization and Undertaking.

26. Insurance, travel expenses and immigration documents

26.1 Included medical insurance. The medical insurance included in the services covers exclusively the events, amounts, deductibles, exclusions and conditions of the policy in force contracted for the event, which may be consulted upon request to MCS. MCS is not an insurer and does not guarantee payment of claims; claims are processed with the insurer, and MCS will reasonably guide the Swimmer through the process.

26.2 Own insurance. The included insurance does not replace the Swimmer's major medical expense insurance or travel insurance. It is strongly recommended that the Swimmer and the Companions have their own coverage for medical expenses, evacuation and repatriation, and trip cancellation or interruption. Medical, hospitalization, transfer or evacuation expenses not covered by the policy will be borne by the Swimmer.

26.3 Travel expenses. Transportation, accommodation, meal, immigration and any other travel and stay expenses of the Swimmer and the Companions are for their own account and will not be reimbursed by MCS even if the Crossing is cancelled, suspended or rescheduled, except in the case of willful misconduct or gross negligence attributable to MCS.

26.4 Immigration and health documents. The Swimmer is responsible for having a passport, visas, immigration permits and other requirements for entering and leaving the country; MCS is not liable for denials of entry, delays, cancellations of flights or ferries, or other events beyond its control.

27. Included Photo and Video Service ◆

27.1 Content of the service. The price includes the Photo and Video Service, which comprises: (a) aerial drone photography and video; and (b) photography from the Support Boat. The approximate number of pieces, the format, the level of editing and the delivery method are those indicated in the Quotation; failing such indication, MCS will deliver an edited selection, in digital format, through a download link.

27.2 Secondary to safety. The Photo and Video Service is always provided in the background with respect to safety. The crew and MCS Personnel prioritize escorting the Swimmer; therefore, coverage is not continuous and does not guarantee shots of every moment, stretch or angle of the Crossing.

27.3 Drone operation. Drone flights are subject to the regulations of the Federal Civil Aviation Agency (AFAC) and other applicable provisions, to airspace and protected natural area restrictions, to battery life, and to wind, rain, light and sea conditions. MCS or its operator may limit, suspend or not carry out flights when regulations, the authority or conditions prevent them or make them unsafe.

27.4 No refund for limitations. Reduction, interruption or impossibility of drone or boat shots for the reasons set out in clauses 27.2 and 27.3, due to Force Majeure or due to the duration or conditions of the Crossing, does not constitute a breach and does not give rise to any refund, discount or compensation, as this is a service ancillary to the Crossing that is not quoted separately. If, for a cause attributable to MCS, no shots at all are taken, MCS will offer a reasonable solution under clause 35.

27.5 Delivery period. MCS will deliver the material within thirty (30) calendar days after the Crossing, unless the Quotation indicates a different period. The download link may have a limited validity, which will be communicated upon delivery; the Swimmer is responsible for downloading and backing up the material within that validity. MCS will keep the material under clause 28 and the Privacy Notice, but is not obliged to resend it after expiry.

27.6 Personal-use license. The Swimmer may use the delivered material for personal and non-commercial purposes, including posting it on his or her social media, provided that the credit "© Mayan Channel Swim" is given or MCS's official account is tagged, and the material is not altered in a way that distorts the brand. Commercial, advertising or sponsorship use of the material requires MCS's prior written authorization.

27.7 Editorial judgment. The selection, framing, editing and style of the material are a matter of MCS's professional judgment. The Swimmer's aesthetic or subjective preferences do not constitute a breach.

28. Use of multimedia material ◆

28.1 Capture by MCS and Swimmer's consent. MCS may, by its own means and at its sole discretion, document through photography, video, audio, broadcasting and any other record the events and activities related to MCS —registration, acclimatization, Briefing, Crossing, interviews, photo sessions, ceremonies and gatherings— and capture in them the image, voice, name, nationality or country and sporting data of the Swimmer and the Companions (the MCS Material). By accepting these Terms and signing the Single Registration Form, the Swimmer gives express, prior and informed consent, under article 87 of the Federal Copyright Law, to such capture and to MCS and the persons it authorizes (its partners and, where applicable, commercial allies and sponsors) using the MCS Material.

28.2 Ownership of the material. All MCS Material, including the material produced in the Photo and Video Service, is the exclusive property of MCS, regardless of the personal image of the Swimmer or Swimmers appearing in it. The Swimmer may not claim rights over his or her image contained in the MCS Material, nor demand remuneration, compensation, delivery or withdrawal of such material, without prejudice to the personal-use license in clause 27.6.

28.3 Unlimited use. MCS may reproduce, edit, distribute, communicate to the public, transform and use the MCS Material without limit, with no restriction of time, territory, medium or number of uses, for informational, institutional, sports documentation, marketing, advertising and commercialization purposes of MCS, its brands and events, and of its partners, allies and sponsors in relation to them, in any print or digital medium, including the Website, YouTube, Facebook, Instagram, X, TikTok and other social networks.

28.4 Consideration and scope of consent. The Swimmer acknowledges that this consent forms part of the consideration for his or her participation and for the services included in the price (Photo and Video Service, visibility, ranking and certification). Accordingly, and pursuant to the last paragraph of article 87 of the Federal Copyright Law, the Swimmer may not revoke it while the MCS Material is used on the terms and for the purposes agreed herein. The foregoing is without prejudice to MCS's duty not to use the material in a manner contrary to the Swimmer's honor or dignity and to the rights that the law recognizes as non-waivable, including those relating to personal data under the Privacy Notice.

28.5 Material captured by the Swimmer and the Companions. Companions aboard the Support Boat may themselves capture, by photography or video, their Swimmer's experience; that material is the exclusive property of the Swimmer. Capturing it must not interfere with safety or with the instructions of the authorities on board, and material in which other Swimmers, minors or MCS Personnel appear identifiably may not be disseminated for commercial purposes without their consent.

28.6 MCS copyright. All images and videos used by MCS, online or in print, are protected by copyright and may not be used for commercial or marketing purposes without MCS's prior written consent. The Swimmer may share, for non-commercial purposes and without altering them, MCS's posts in which he or she appears, respecting the credits.

28.7 Minors. In the case of minors, the consent in this clause is given by their parent or guardian on their behalf, through the Parent or Guardian Authorization and Undertaking, who may limit it in writing before the Briefing; MCS will act in accordance with the General Law on the Rights of Children and Adolescents.

29. Rights over the Swimmer's multimedia material

29.1 Ownership. Swimmer Material that the Swimmer decides to share with MCS —for example, before the Crossing, so that MCS may promote it on social media— is and remains the Swimmer's. Mere delivery, sending or receipt of the material does not transfer rights or grant MCS any license over it.

29.2 Use with authorization. MCS will only use Swimmer Material, including the Swimmer's image appearing in it, when the Swimmer expressly authorizes or consents to it, by any written or electronic means that leaves a record (email, WhatsApp or social media message, form or equivalent). The authorization may refer to specific materials, uses, media and periods, and will be deemed given when the Swimmer sends the material to MCS stating by any of those means that it may be used to promote him or her. The Swimmer may withdraw the authorization by notice to MCS, with effect for the future.

29.3 Swimmer's representations. By sharing material, the Swimmer represents that he or she owns it or holds the necessary rights and authorizations (including those of the persons appearing in it and, in the case of minors, of their representatives), that it does not infringe third-party rights or contain unlawful content, and is liable to MCS for third-party claims arising from the falsity of these representations.

29.4 Selection, credit and removal. MCS is not obliged to publish Swimmer Material and may select it, edit it for format or remove it at any time. When using it with authorization, MCS will respect the author's moral rights, including credit where the author is identified and it is reasonably possible.

30. Intellectual property and use of the brand

30.1 Ownership. The MAYAN CHANNEL SWIM trademark, registered with the Mexican Institute of Industrial Property (IMPI), as well as its logos, slogans and distinctive elements, the content of the Website, the ranking, and MCS's formats, protocols, manuals and methodologies are the property of MCS or its licensors and are protected by applicable law. Their use, reproduction or exploitation for commercial purposes requires MCS's prior written authorization.

30.2 Permitted uses. The Swimmer may state, truthfully and for non-commercial purposes, that he or she took part in the Crossing and what the result was, relying on the official certificate. The Swimmer may not alter certificates, nautical charts or the ranking, nor use MCS's distinctive signs in a way that suggests sponsorship, endorsement or affiliation, nor incorporate them into merchandise or other products.

30.3 Actions. MCS may bring the appropriate legal actions against unauthorized uses.

31. Links to other websites and third-party services

31.1 Links. The direct links to third-party websites that MCS provides (for example, of sports bodies, authorities, payment processors, social networks, insurers, hotels, tour operators or airlines) are offered for reference. MCS has no control over them, assumes no responsibility for their content, policies or availability, nor for the quality of the products or services that the Swimmer contracts with those third parties, and their inclusion does not imply endorsement.

31.2 Services contracted by the Swimmer with third parties. Services that the Swimmer contracts directly with third parties (accommodation, transportation, ferries, guides, tourist activities, photographers, insurance or any other) are independent relationships to which MCS is not a party and for which it is not liable. MCS's recommendations are for information only.

31.3 Host hotel, preferential rates and transfer. MCS proposes a host hotel on Cozumel island, with which it has an agreement and a special rate for its Swimmers; staying there is a recommendation, not a requirement. Special rates that the host hotel offers to MCS Swimmers, as well as the availability, booking, payment, cancellation and quality of the accommodation, are the sole responsibility of the hotel and are governed by its own conditions. Use of the hotel's pier or facilities for the start of the Crossing is subject to its internal rules and availability; if unavailable, MCS will designate another start point under clause 15.4. When the Swimmer stays at another hotel on Cozumel island, MCS provides, at no additional cost, the ground transfer on the day of the Crossing set out in clause 8.2, for the Swimmer and the Companions included in the Quotation, at the pick-up time confirmed at the Briefing; if the Swimmer is not ready at that time, clause 15.3 applies.

31.4 Online payments. Card or platform payments are processed through payment service providers subject to their own terms and security policies.

31.5 Related projects. Initiatives and brands related to MCS (for example, Cancun Isla Swim) may share founders, identity or technology platforms, but operate independently, and each is responsible for its own services, documents and obligations, unless expressly stated otherwise in writing.

32. Personal data protection

32.1 Controller and Privacy Notice. MCS is the controller of the personal data of the Swimmer, the Contracting Party and the Companions, in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties in force and its Privacy Notice, published on the Website, which forms part of the Contract.

32.2 Purposes. Data are processed to identify and register the Swimmer; manage the engagement, payments and invoicing; process permits and formalities before authorities; contract and manage insurance; ensure safety and emergency medical care; document the events through photography, video and audio; prepare the ranking, certificates and publications; communicate with the Swimmer; prevent fraud; and, unless the Swimmer objects, for marketing and advertising purposes.

32.3 Sensitive data. The Medical Certificate contains sensitive health data, whose processing requires express written consent, which the Swimmer gives in that document and in the Single Registration Form. These data are shared only with the Paramedic and MCS safety personnel, the insurer, the authorities and other institutions related to the Crossing, to the extent necessary.

32.4 Rights. The data subject may exercise the rights of access, rectification, cancellation and objection, and revoke consent, by request to info@mayanchannelswim.com under the Privacy Notice, and may apply to the Ministry of Anti-Corruption and Good Governance (Secretaría Anticorrupción y Buen Gobierno) as the competent authority.

32.5 Advertising. The Swimmer may at any time request not to receive advertising from MCS and that his or her information not be assigned to third parties for advertising purposes, under the LFPC. In the event of a discrepancy on personal data matters, the Privacy Notice prevails. Cookies and tracking technologies are governed by the Cookie Policy.

33. Communications and notices

33.1 Official Channels. The Official Channels of MCS are exclusively: (a) the email info@mayanchannelswim.com; (b) the email indicated in the Quotation for confirmation of the services; (c) MCS's official WhatsApp Business, +52 55 1354 4751, which is the official channel for coordination and prevention of payment fraud; (d) MCS's official and verified social media accounts; and (e) the forms and payment links issued from www.mayanchannelswim.com. Operational coordination may take place by WhatsApp or call; notices with legal effect —revocation, withdrawal, transfer, claims, revocation of consents and refund requests— must be given by email or by any other written means that leaves a record.

33.2 Notices to MCS. Take effect upon receipt by MCS.

33.3 Notices to the Swimmer. Will be sent to the email and telephone stated in the Single Registration Form, which the Swimmer must keep up to date and check regularly, including the spam folder. They are presumed received on the business day following sending, unless there is proof of bounce; urgent operational notices (such as the final date of the Crossing) may be given by WhatsApp or call.

33.4 Evidentiary value. Data messages, electronic records, logs, geolocation records and other electronic evidence kept by MCS will have the evidentiary value recognized by applicable law, without prejudice to evidence to the contrary.

33.5 Automated communications. MCS may use automated tools —including virtual assistants, automatic replies and artificial intelligence systems— to provide general information and initial support, including on social media and messaging. Their replies are informational and do not constitute a quotation, offer, Slot confirmation, promise of result, acceptance or modification of conditions; such acts only take effect when recorded in documents or messages issued by authorized MCS personnel through the Official Channels. The Swimmer may at any time ask to be attended by a person.

34. Use of the Website, published information and opinions on digital channels

34.1 Lawful use. The Website must be used lawfully; impersonating identities, introducing malicious code, extracting information on a massive scale or interfering with its operation is prohibited. MCS may suspend access for anyone who breaches this and does not guarantee uninterrupted availability of the Website. Use of the Website is also governed by the Legal Notice.

34.2 Published information and errors. Information on the Website is for information purposes and may be updated. MCS will honor the prices and conditions offered and confirmed. If it notices a manifest error (typographical, pricing or other) before confirming registration, it will inform the interested party, who may accept the correction or withdraw at no cost.

34.3 Opinions. MCS respects the freedom of expression of Swimmers, including the publication of opinions and reviews, and invites them to channel their disagreements through clause 35 so they can be addressed. MCS reserves the legal actions that may apply against the dissemination of false statements about specific facts, defamation, harassment, misuse of its brand and the publication, without consent, of personal data or images of third parties, in particular health data or data of minors.

35. Complaints and claims

35.1 Submission. Every complaint or claim shall be submitted in writing to info@mayanchannelswim.com, stating the name, Single Registration Form number, date and description of the facts, the evidence available (photographs, videos, receipts) and the solution requested.

35.2 Period. To allow timely verification of the facts with logs, geolocation records and statements from MCS Personnel, the Swimmer shall submit the claim within fifteen (15) days after the date of the event or, in the case of charges, after the date of the charge. This does not affect the limitation periods set by law or the consumer's right to go to PROFECO.

35.3 Handling. MCS will acknowledge receipt within the following five (5) business days and will respond in a reasoned manner within the following twenty (20) business days, a period that may be extended for justified cause by informing the claimant.

35.4 Conciliation. The parties will endeavor to resolve the dispute in good faith. MCS may offer commercial solutions without this implying an acknowledgment of liability. When an agreement is reached, it will be recorded in writing and the Swimmer will grant a release with respect to the facts claimed.

35.5 Incident log. MCS records incidents occurring during the Crossing in a log, whose content relating to the Swimmer may be consulted upon request. MCS will keep the operational records of the Crossing for at least twelve (12) months.

36. Circumstances that do not constitute a breach ◆

36.1 Provided that MCS has provided the services in accordance with the Contract, the following do not constitute a breach by MCS and do not give rise to any refund, price reduction, compensation or indemnity:

37. Good faith, unfounded claims and protection of the service ◆

37.1 Good faith. The parties undertake to act in good faith in entering into, performing and, where applicable, making claims under the Contract. MCS will address every complaint submitted under clause 35 and will resolve each case based on the facts, the available evidence and what was agreed.

37.2 Unfounded claims. Claims relating to circumstances expressly provided in clause 36, to safety decisions duly recorded in the log, or to facts disproved by MCS's evidence (log, GPS, audiovisual records and statements from MCS Personnel) will be answered with reasons and deemed concluded in that channel, without prejudice to the consumer's rights before PROFECO and the courts.

37.3 Undue pressure. Threats of negative publications, withholding of pending payments, improper chargebacks or any other form of pressure to obtain benefits not provided in the Contract will not be accepted as a means of dispute resolution. MCS will not condition any solution on the Swimmer refraining from publishing truthful opinions.

37.4 Abusive exercise. Pursuant to article 1912 of the Federal Civil Code, whoever exercises a right for the sole purpose of causing harm, without benefit to the holder, is liable for the damages caused. MCS reserves the actions that may apply against willful, defamatory or manifestly groundless claims.

37.5 Evidence. The Swimmer acknowledges that the log, GPS records, operational recordings and photographs and other MCS records are suitable means to prove the conditions of the Crossing, the safety decisions and the provision of the services, without prejudice to evidence to the contrary.

38. Chargebacks and payment disputes ◆

38.1 Right to clarify. The Contracting Party retains its right to clarify charges with its financial institution. Before initiating a chargeback or disputing a charge, and unless it is an unrecognized charge due to fraud, the Contracting Party will contact MCS under clause 35 to address its disagreement.

38.2 Improper chargebacks. Disputing charges for services actually contracted and provided, or for payments that are non-refundable under these Terms, constitutes a breach. In such case, MCS will provide evidence of the engagement and the service (Single Registration Form, Quotation, electronic acceptance, communications and operational records) and, if the dispute is found to be groundless, the Contracting Party must pay the amount owed and the verifiable fees or administrative charges incurred by MCS due to the dispute, and MCS may suspend pending services and refuse future registrations.

38.3 Effects. A chargeback does not extinguish the payment obligation or release the Contracting Party, and MCS may bring the appropriate legal actions.

39. Governing law, PROFECO and jurisdiction ◆

39.1 Law. For any dispute or claim arising from these Terms, the Contracting Party and MCS submit to the Mexican legislation in force and applicable in Mexico City. The interpretation, application, performance or breach of these Terms is governed by that same legislation.

39.2 Administrative channel. Without prejudice to the foregoing, the consumer may at any time go to the Federal Consumer Protection Agency (PROFECO) for the administrative resolution of differences regarding the interpretation or performance of the Contract. This right is non-waivable.

39.3 Jurisdiction. For judicial proceedings, the parties expressly submit to the competent courts seated in Mexico City, whether federal or local as appropriate under the law, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles or for any other reason. The foregoing is without prejudice to the rules of jurisdiction that the law establishes imperatively in favor of the consumer.

39.4 Prior negotiation. Before going to court, the parties will endeavor to resolve the dispute through the procedure in clause 35 and, where applicable, through conciliation or mediation.

40. Changes to the Terms and Conditions

40.1 Power to amend. MCS reserves the right to amend or update these Terms at any time. The version in force, with its number and date, will be published on the Website, and reviewing it periodically is recommended.

40.2 Effects. Amendments apply to engagements entered into from their publication. Engagements already entered into are governed by the version accepted at the time of contracting, except for: (a) amendments required by law or by an authority; (b) adjustments to safety and operating protocols that do not change the price, the retention or refund percentages or the essential obligations of the Contract; and (c) amendments that benefit the Swimmer.

40.3 Notice and right to withdraw. MCS will notify by email the amendments under item (a) of clause 40.2 that materially affect the Swimmer; the Swimmer may, within ten (10) days after notice, withdraw from the Contract without any retention, with a refund of the amount paid.

40.4 Previous versions. MCS will keep previous versions of these Terms and provide them upon request. This version replaces the terms and conditions previously published on the Website, with respect to engagements entered into from its publication.

41. Assignment and subcontracting

41.1 Assignment by the Swimmer. The Swimmer may not assign the rights or obligations under the Contract, except through the transfer provided in clause 12.

41.2 Subcontracting and assignment by MCS. MCS may subcontract the performance of all or part of the services, without being released from its liability to the Swimmer under clause 24, and may assign its collection rights. Assignment by MCS of its obligations to an affiliated or successor company will require notice to the Swimmer and, where required by law, the Swimmer's consent.

42. General provisions

42.1 Severability. If any clause is declared null or unenforceable, the others remain valid, and the affected clause will be interpreted in the manner closest to the parties' intention that the law allows.

42.2 No waiver. MCS's tolerance or failure to exercise a right in due time does not imply a waiver of it.

42.3 Entire agreement. The Contract constitutes the entire agreement between the parties on its subject matter and supersedes prior communications thereon. Offers, promises or statements by persons who are not authorized representatives of MCS (for example, coaches, clubs, ambassadors, captains, crew or third parties) do not bind MCS unless recorded in writing issued by MCS. This does not exempt MCS from liability for the information and advertising it disseminates itself.

42.4 Relationship between the parties. Nothing in the Contract creates a partnership, association, agency or employment relationship between MCS and the Swimmer.

42.5 Language. The Contract is entered into in Spanish, which prevails in the event of any difference with any translation, including the English version, which is provided solely as a courtesy.

42.6 Computation of periods and interpretation. Periods expressed in days are calendar days, unless stated to be business days. Headings are for reference only. Doubts of interpretation will be resolved in accordance with the law and good faith.

43. Term, retention and contact

43.1 Term. These Terms enter into force upon publication on the Website and remain applicable until the parties' obligations have been fully performed. The clauses on liability, use of image and multimedia material, intellectual property, personal data, complaints and dispute resolution survive the conclusion of the Crossing.

43.2 Contact. For any question, clarification or communication, MCS makes available the email info@mayanchannelswim.com, the Website www.mayanchannelswim.com, the telephone and WhatsApp Business +52 55 1354 4751 and the address indicated at the beginning of this document. PROFECO details: www.profeco.gob.mx; Consumer Telephone 55 5568 8722 (Mexico City and metropolitan area) or 800 468 8722 (rest of the country).

Mayan Channel OWS S. de R.L. de C.V. · Mayan Channel Swim

Terms and Conditions · Version 2026.1 · Effective upon publication on the Website · Version dated September 23, 2026

By accepting these Terms, the Contracting Party and the Swimmer state that they have read and understood them in full.